Revolutionary War Pension and Bounty Land Warrant Application File S. 8445, William Evans, Va.

SERVICE
NUMBER
Va
Evans William
S. 8445-
CONTENTS
carded

Virginia 12.514
William Evans
of Sussex in the State of Virginia who was a private in the company commanded by Captain Elliott of the _____ commanded by _____ in the Virginia line for 6 months
Inscribed on the Roll of Virginia at the rate of 20. Dollars Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 th day of May '33 - and sent W. H. Broadax Goodwynville. Dinwiddie Co. Va
Arrears to the 4th of March 1833 - 40 Semi-annual advance ending 4 Sept. " 10
$50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by William Miller Clerk, Book E. Vol. 6. Page 7

State of Virginia } ss: County of Sussex } 110
On this 18. day of September 1832 personally appeared before me William Deane a Justice of the County Court of Sussex, which is a Court of record, William Evans, a resident of the said County, aged upwards of 72 years old , [whose age & great bodily infirmities renders it impracticable for him personally to attend any Court of record, the nearest of which is about fourteen miles from his residence,] who being first duly sworn, according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.
That he entered the service of the United States as a drafted Militia man from the County of Brunswick [in this State only a few miles from where he now resides] under Capt. John Elliott of that County, & was marched to Portsmouth & other places in the neighbourhood of Norfolk in Virginia, & having performed a tour of three months was discharged & returned home. That he has an indistinct recollection that one of Elliott's subor- dinate he thinks the Lieutenant, was named Clayton but of this he is not entirely positive & he retains no recollection now of the name of any of the Superior Officers to whose command the company was attached.
That after his return he removed to the County of Dinwiddie, [which adjoins the County of Brunswick as well as the County of Sussex aforesaid,] and some time after performed another three months tour of duty under a draft by numbers (as before) under Capt. Baker

Program of that County but he does not recollect the name of any other officer, inferior or superior or where it was that he was discharged. That his memory has become nearly destroyed, & all traces of the details of his service are either gone - or pass before his mind so much like a dream that he is unwilling to have them set down; but of one thing he cannot be mistaken & he affirms it solemnly before that God before whom he expects very soon to appear, that he did serve his country in the Revolutionary war two different tours. He states that he is in great poverty, being entirely dependent on the charity which has thus far supported him. That he never saw any Register of his age - had never any written discharge but only verbal ones, & has no documentary evidence of his service. That both the Captains above enumerated he hears have long since died, & he does not know of any single person being alive who served in either tour with him, although some may be for ought he knows. He presumes that every body who has known him from the war to this time knows that he has always been reputed & believed to have been a soldier. See the testimony of any soldier that he lived in Dinwiddie since the war until 5 or 6 years ago when he moved to Appomattox. The said Wm. Evans hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state whatever. Sworn to & subscribed the day & year aforesaid Wm his Evans. Mark
We John Kirby a clergyman residing in the County of Dinwiddie near to Wm Evans who resides in the edge of Appomattox and Elijah Rose. Coleman Tucker. Silas Tucker. & Hubbard Mayall.

also residents of Dinwiddie in the neighbour- hood of the applicant, do hereby certify that we are well acquainted with W m Evans, who has subscribed & sworn to the above declaration; that we believe him to be as old as he has stated, & that he is unable to go to Court that some of us have known him as much as forty others as much as twenty years years; that he is reputed & believed in the neigh- -bourhood in which he lives to have been a soldier in the revolution, & that we concur in that opinion. I worn & subscribed, the day & year aforesaid. John (W m Kirby.)
Elijah Rose Coleman Tucker Stith Tucker Hubbard Wyatt
And I the (said) William Parkam & justice as aforesaid of the County Court of Sussex do hereby declare my opinion after the investigation of the matter, & getting the answer of the applicant to the interrogatories, prescribed by the war depart- ment as in the above declaration stated, that he was a revolutionary soldier, & served as he stated. And I further certify that John Kirby who has signed the above certificate, is a clergyman residing in Dinwiddie County & is a credible, res- -pectable person to whom statements full credit is due. And that John W m Kirby, Elijah Rose Coleman Tucker, Stith Tucker & Hubbard Wyatt
who have also signed the same are residents of the County stated by them, that they are credible, respectable

persons, whose statement is entitled to full credit. I also certify that in my opinion the said applicant could not, from great bodily infirmity, attend Court, and that while he seems disposed to state the truth & nothing but the truth, it is apparent to me that from advanced age, & continued infirmities, his memory has become exceedingly weak & defective. Given under my hand the day & date aforesaid.
Wm. Parham & E. P. B.
I Littleton Lanier Clerk of the County Court of Superior, do hereby certify that William Parham, who has taken the Declaration and evidence (and) signed the foregoing original proceedings, in the matter of the application of Wm. Evans for a Pension, is a Justice of the County Court of Superior, which is a Court of record, & that due faith & credit are due to all his official acts as such.
In testimony whereof I have hereto set my hand & the seal of my office, this fourth day of October in the year of our Lord 1832, & of our Independence the 57th.
L. Lanier
Wm. Evans Declaration for a Pension.
1832

13927
William Evans Sussex county Virginia
†
Adm rs for 6 months as a penalty $2000
... 1842
W. H. Broadman Esq. Goodwynville Virginia

WAR DEPARTMENT,
Pension Office.
153
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of William Evans, Sussex county Virginia
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Drafted 3 private Capt Elliott Capt Baker Major Tyson 75 Sussex county Virginia Tradition   do 3  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
The applicant avers, and the Joint certifies, that the infirmities of age prevent a more detailed declaration. It is the best that can be furnished.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of _____ the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration. 7
J. G. Bradford

Goodwynville Va Oct 10 th
Shae P
Oct. 12.
The Secretary of the Department of War Washington.
13923

Goodwyn Co. Va. Oct. 9th 1832.
Dear Sir,
Having been instrumental in preparing the declarations of thirteen or fourteen revolutionary soldiers of this county, from considerations entirely disinterested to enable them to receive pensions under the late act of Congress, I beg permission to ask from the Department some information on the subject. I presume the Clerk of District Court has forwarded the deeds , with the exception of the one now enclosed, & the applicants are anxious to learn when , and where , and in what mode, those whose applications are favorably regarded, will be paid their pensions? How they are to ascertain whether their evidence is deemed satisfactory? In what years amounts are entitled to be due to each?
I may, very respectfully submit the

propriety of addressing a communication to the Clerk of each of the Committees from which Declarations have been forwarded stating the date of each - amount attached to, - and the defects, where any are supposed to exist in the papers of any applicant?
It will be seen when the Department has perfected its arrangements, the public will be apprised of it, thro' the newspapers, and applicants in the intended section they will have to draw their money in Washington, - or from the U.S. Branch Bank at Richmond.
As I have undertaken to transact this business for the old soldiers in my country without any compensation, which I regret to know is very far from being the case generally - many of them being swindled out of large proportions of the little pittance provided by this Act, I hope the request will not be regarded altogether unreasonable, that some

clerk in the War Office be directed to inform me the desired information, in relation to these claims.
With very high consideration I have the honor to be Mr. Guest M.P. Sir,
W. H. Brodrick.
The Secretary of War

Rev. War
8445 INVALID.
cum
File No. 8445
William Evans
Priv. Rev. War
Act: June 7 th 1832
Index:—Vol. 102 , Page 117
[Arrangement of 1870.]